Texas Immigration Lawyer Blogtag:typepad.com,2003:weblog-868409494721390202017-09-20T15:45:58-05:00News and opinions on Immigration law and policyTypePadImmigration Consequences of Criminal Convictions: Texas Deferred Adjudication is a Convictiontag:typepad.com,2003:post-6a0133f23c744d970b01b8d2ac9af7970c2017-09-20T15:45:58-05:002017-09-20T15:45:58-05:00Don't Learn The Hard Way. What Happens When You Find Out Too Late That Your Criminal Case Will Result In Removal Proceedings If You Are Not A United States Citizen by Walter M. Reaves, Jr. This is a great article by Walter Reaves about what to do when a criminal...Susan I. Nelson

This is a great article by Walter Reaves about what to do when a criminal conviction is going to result in removal or deportation for non-citizens. This frequently happens when a non-citizen pleads guilty in Texas in exchange for Deferred Adjudication which is a criminal conviction for immigration purposes.

Baylor Law Immigration Clinic To Host Legal Clinic for DACA Renewalstag:typepad.com,2003:post-6a0133f23c744d970b01bb09c388f9970d2017-09-15T10:56:07-05:002017-09-15T10:57:29-05:00The Baylor Law Immigration Clinic is offering DACA renewal assistance to undocumented immigrants who's DACA status expires anytime before March 5, 2018. Those who's DACA status expires after March 5, 2018 are not eligible for renewal. The federal government is no longer accepting new applications. "The deadline for renewal submissions...Susan I. Nelson

The Baylor Law Immigration Clinic is offering DACA renewal assistance to undocumented immigrants who's DACA status expires anytime before March 5, 2018. Those who's DACA status expires after March 5, 2018 are not eligible for renewal. The federal government is no longer accepting new applications.

"The deadline for renewal submissions is October 5, [2017] so we are urging DACA cardholders to file their renewal request as soon as possible," said Laura Hernández, professor of law and founder of the Clinic. "If you know someone or need to renew yours, let the Baylor Law Immigration Clinic know. We are absolutely going to help."

If your DACA status expires before or on March 5, 2018 and you would like assistance submitting a renewal, please contact the Baylor Law Immigration Clinic at 254-710-3501 or immigrationclinic@baylor.edu.

ALL DACA RENEWALS MUST BE PREPARED AND SUBMITTED TO THE FEDERAL GOVERNMENT BY OCTOBER 5, 2017.

Waco Police Chief Ryan Holt says Texas’ new sanctuary cities law gives officers leeway to ask about immigration status, but he expects it will be rare and must be done with documentation justifying it.

DACA Update: What the Trump Administration end of DACA meanstag:typepad.com,2003:post-6a0133f23c744d970b01b8d2a7d5be970c2017-09-06T11:16:19-05:002017-09-06T11:16:19-05:009/5/17 - The Trump Administration has announced that it will phase out and eventually end DACA. This means that as of September 5, 2017: INITIAL APPLICATIONS: USCIS will continue to process all pending initial applications accepted as of 09/05/2017. USCIS will reject all other new initial applications. RENEWAL APPLICATIONS: USCIS...Susan I. Nelson

9/5/17 - The Trump Administration has announced that it will phase out and eventually end DACA.

This means that as of September 5, 2017:

INITIAL APPLICATIONS:

USCIS will continue to process all pending initial applications accepted as of 09/05/2017.

USCIS will reject all other new initial applications.

RENEWAL APPLICATIONS:

USCIS will continue to process all pending renewal applications that have been filed.

USCIS will continue to accept and process renewal applications until October 5, 2017 from applicants whose DACA expires between 09/05/2017 and 03/05/2018.

DACA recipients whose DACA has already expired are no longer eligible to renew.

USCIS will reject all applications received after October 5, 2017.

CURRENT DACA HOLDERS:

DACA holders whose grant of DACA expires after 03/05/2018 will continue to hold DACA until it expires.

DACA holders maintain their protection from deportation and work permit until their current expiration date.

TRAVEL ON DACA ADVANCE PAROLE:

Previously approved grants of Advance Parole remain valid and individuals may exit and return to the U.S. within the dates provided in the travel document.

If you are outside the U.S. on a grant of Advance Parole, you should return as soon as possible. USCIS states that those currently outside the U.S. will be able to return as long as they do so before their grant of Advance Parole expires.

I do not recommend that any person with DACA Advance Parole leave the country even within the dates allowed on the travel document as U.S. Customs and Border Protection may deny you re-entry to the U.S.

SOCIAL SECURITY NUMBERS:

The SS# issued to you by the Social Security Administration is a valid SS# for life, even once your work permit and DACA grant expire.

U.S. District Judge Orlando Garcia halted major portions of a controversial Texas "sanctuary cities" law scheduled to go into effect on September 1, 2017. Judge Garcia granted a preliminary injunction of Senate Bill 4, that seeks to outlaw “sanctuary cities.” those that don’t enforce federal immigration laws.

SB 4 allows local law enforcement officers to question the immigration status of people they detain or arrest and seeks to punish local government department heads and elected officials who don’t cooperate with federal immigration "detainers" — requests by agents to turn over immigrants subject to possible deportation. Punishment could come in the form of jail time and penalties that exceed $25,000.

Judge Garcia halted the part of the bill that required jail officials to honor all detainers, and another that prohibits “a pattern or practice that 'materially limits' the enforcement of immigration laws.” The detainer provision, he said, would violate the Fourth Amendment

Judge Garcia did let stand one of the most controversial portions of the law — allowing police officers to question the immigration status of people they detain. Because the inquiry into status isn’t a prolonged detention, he said, it wasn’t enjoined. But he explained that officers who make the inquiry are limited in what they can do with the information. “If during a lawful detention or arrest an officer obtains information that a detained or arrested individual is undocumented he may not arrest the individual on this basis,” he said, adding that the officer is not required to ask the question. But he said if the officer feels like they should, they can only share the information. “In sum, SB 4 gives local officers discretion to inquire and share information, but it does not provide them with discretion to act upon the information that they may obtain,” he wrote in a footnote to his 94-page ruling.

The bill was scheduled to go into effect Sept. 1, but opponents of the legislation, including the cities of Houston, Austin, San Antonio and El Cenizo, as well as Maverick and El Paso counties and the Mexican American Legal Defense and Educational Fund, argued the bill violates several provisions of the Constitution. Judge Garcia's decision means the bill is on hold until that issue is decided or until the preliminary injunction is appealed.

The State of Texas plans to appeal the injunction to the 5th Circuit Court of Appeals.

USCIS substitutes "Assimilation" for "Integration" in Naturalization grant tag:typepad.com,2003:post-6a0133f23c744d970b01b7c90f9588970b2017-07-26T13:44:51-05:002017-07-26T13:44:51-05:00USCIS Grant Opportunities USCIS offers grants to non-profit organizations to prepare legal permanent residents for Naturalization. Yesterday, the name was changed from "Citizenship and Integration" to "Citizenship and Assimilation" grants. These are competitive grant opportunities for organizations that prepare lawful permanent residents for naturalization and promote civic assimilation through increased...Susan I. Nelson

USCIS offers grants to non-profit organizations to prepare legal permanent residents for Naturalization. Yesterday, the name was changed from "Citizenship and Integration" to "Citizenship and Assimilation" grants.

These are competitive grant opportunities for organizations that prepare lawful permanent residents for naturalization and promote civic assimilation through increased knowledge of English, U.S. history and civics.

This is an ominous and Orwellian change to a program meant to encourage citizenship in permanent residents.

Bipartisan 2017 DREAM Act introduced in U.S. Senatetag:typepad.com,2003:post-6a0133f23c744d970b01b8d298d6e7970c2017-07-23T22:06:17-05:002017-07-23T22:17:08-05:00Photo by LongIslandWins From Immigration Impact: The bipartisan Dream Act of 2017 was just introduced by Senators Lindsey Graham (R-SC) and Richard Durbin (D-IL) in the U.S. Senate. The bill provides legal status, as well as a path to citizenship for undocumented immigrant youth who entered the United States before...Susan I. Nelson

The bipartisan Dream Act of 2017 was just introduced by Senators Lindsey Graham (R-SC) and Richard Durbin (D-IL) in the U.S. Senate. The bill provides legal status, as well as a path to citizenship for undocumented immigrant youth who entered the United States before the age of 18.

The Dream Act, if passed into law, will allow young immigrants who have called the United States home for most of their lives to begin to realize their full potential and know the sense of security that comes with living with documentation.

The Dream Act was first introduced in 2001 and has enjoyed broad bipartisan support, but has yet to pass into law.

The renewed urgency to pass this legislation comes as media speculates that the Deferred Action for Childhood Arrivals (DACA) initiative, which 800,000 Dreamers are currently protected from deportation by, could come to an end in the coming weeks or months. The threat came after a group of 10 states led by Texas asked the Trump administration to end the DACA initiative and threatened to file a lawsuit challenging it. Secretary of Homeland Security John Kelly also recently met with lawmakers on Capitol Hill and said he is supportive of DACA but that it may not survive a legal challenge.

The Dream Act of 2017 lays out a three-step path to citizenship, first providing Conditional Permanent Resident (CPR) status to undocumented youth who:

entered the United States under the age of 18,

entered four years prior to enactment and have since been continuously present,

have not been convicted of a crime where the term of imprisonment was more than a year, or convicted of 3 or more offenses were the aggregate sentence was 90 days or more (with an exception for offenses which are essential to a person’s immigration status), and

have been admitted to an institution of higher education, have graduated high school or obtained a GED, is currently enrolled in secondary school or a program assisting students to obtain a diploma or GED.

Anyone with status under DACA is immediately granted CPR status for up to eight years, which includes work authorization.

After maintaining CPR status, individuals become eligible for Lawful Permanent Resident (LPR) status—a green card holder. In order to receive LPR status an individual must either:

complete at least two years of higher education or

two years of military service with an honorable discharge, or

demonstrate employment over a total period of three years.

Additionally, LPR applicants with disabilities, who are full-time caregivers for a minor child, or an applicant whose deportation would cause extreme hardship to a U.S. citizen spouse, parents, or child can receive a “hardship waiver” which exempts them from the higher education, military service, or work requirements.

The Dreamers, for whom this bill is named, have lived in America since they were children and built their lives here. They are American in every way except for their immigration status. It is past time that this nation comes together and does right by them.

Texas House committee advances "Sanctuary Cities Lite" billtag:typepad.com,2003:post-6a0133f23c744d970b01b7c8ed14fb970b2017-04-13T09:48:43-05:002017-04-13T09:48:43-05:00Texas Tribune by Julian Aguilar The Texas House advanced their "Sanctuary Cities Lite" bill out of committee yesterday. Although less harsh than the Senate bill, it criminalizes heads of law enforcement agencies who do not cooperate with federal authorities, allows law enforcement to question arrestees about their immigration status, and...Susan I. Nelson

The Texas House advanced their "Sanctuary Cities Lite" bill out of committee yesterday. Although less harsh than the Senate bill, it criminalizes heads of law enforcement agencies who do not cooperate with federal authorities, allows law enforcement to question arrestees about their immigration status, and includes college campuses in the enforcement requirements.

Cops shouldn’t be in the immigration-enforcement business:

“It still creates a chilling effect for immigrants to work with local law enforcement, and it still perverts the mission of local law enforcement,” said state Rep. Rafael Anchia, D-Dallas. “You can be arrested for anything, virtually. It doesn’t require due process, it simply requires probable cause.”

A costly special session is likely this summer if a bill fails to pass as Governor Abbott has identified the legislation as a priority.

The Sanctuary Movement in the U.S.tag:typepad.com,2003:post-6a0133f23c744d970b01b7c8de6b84970b2017-03-08T23:09:01-06:002017-03-08T23:35:03-06:00Interesting podcasts about the Sanctuary movement to protect Central Americans seeking asylum in the U.S. in the 1980's from 99% Invisible. (2 episodes) Sanctuary, Part 1: Church In the 1980s, Rev. John Fife and his congregation at Southside Presbyterian Church began to help Central American migrants fleeing persecution from US...Susan I. Nelson

Interesting podcasts about the Sanctuary movement to protect Central Americans seeking asylum in the U.S. in the 1980's from 99% Invisible. (2 episodes)

In the 1980s, Rev. John Fife and his congregation at Southside Presbyterian Church began to help Central American migrants fleeing persecution from US backed dictatorships. Their efforts would mark the beginning of a new — and controversial — social movement based on the ancient religious concept of “sanctuary,” the idea that churches have a duty to shelter people fleeing persecution. There’s been a lot of talk about “sanctuary” in the news recently and the modern movement in the U.S can trace its roots back to Fife.

In the 1980s, the United States experienced a refugee crisis. Thousands of Central Americans were fleeing civil wars in El Salvador and Guatemala, traveling north through Mexico, and crossing the border into the U.S. [Note: Just tuning in? Listen to the previous episode.] In response to this mass migration, a network of churches across the country declared themselves “sanctuaries,” offering shelter to Central Americans who were threatened with deportation and in some cases helping to smuggle people across the border. Leaders and members of these sanctuary churches believed they had a religious imperative to help people fleeing persecution. The government, however, wasn’t swayed by the religious motivations of participating churches. In 1984, the INS (Immigration and Naturalization Service), a predecessor to ICE (Immigration and Customs Enforcement), launched a full-scale investigation into the sanctuary movement.